Townsend v. Warden Noble Correctional Institution ( 2019 )

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION ERIC ALLEN TOWNSEND, CASE NO. 2:19-CV-3629 Petitioner, CHIEF JUDGE ALGENON L. MARBLEY Chief Magistrate Judge Elizabeth P. Deavers v. WARDEN, NOBLE CORRECTIONAL INSTITUTION, Respondent. ORDER On November 26, 2019, the Magistrate Judge issued a Report and Recommendation recommending that this action be dismissed without prejudice for want of prosecution pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. (ECF No. 5.) Although the parties were advised of the right to file objections to the Magistrate Judge’s Report and Recommendation, and of the consequences of failing to do so, no objections have been filed. The Report and Recommendation (ECF No. 5) is ADOPTED and AFFIRMED. This action is hereby DISMISSED without prejudice for want of prosecution. Petitioner has waived his right to appeal by failing to file objections. See Thomas v. Arn, 474 U.S. 140 (1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981). The Court therefore DECLINES to issue a certificate of appealability. IT IS SO ORDERED. | CD LGENON L. MARBLE > CHIEF UNITED STATES DISTRICT JUDG